Penalties for Domestic Violence in Texas

Posted on Sep 5, 2018 12:57pm PDT

In the past, what happened behind closed doors was nobody’s business.
If a husband and wife got into a fight, it stayed between the couple.
If a parent tried to discipline their child, it wasn’t the police’s
concern and there was no such thing as Child Protective Services (CPS)
to swoop in and remove a child from a dangerous home.

Today, much has changed in the way society views verbal threats, emotional
abuse, and physical violence between family members. Generally, if something
would be considered illegal if it happened between strangers or non-family
members, then it’s against the law if it happens in a family.

Defining ‘Family Violence’ in Texas

The Texas Family Code defines
family violence, “as an act by a member of a family or household against another
member that is intended to result in physical harm, bodily injury, assault,
or a threat that reasonably places the member in fear of imminent physical
harm,” according to the
2008 Crime in Texas Report.

Even though the Family Code has a definition for family violence, otherwise
known as “domestic violence,” there isn’t a separate
offense for family or domestic violence in the Texas Penal Code. Instead,
domestic violence is addressed under
Title 5, Chapter 22,Assaultive Offenses, of the Texas Penal Code.

Under Chapter 22 of the Penal Code, domestic violence is typically prosecuted
as one of the following crimes:

Assault: A Class A misdemeanor, punishable by up to one year in jail and by a fine
not to exceed $4,000.

Aggravated Assault: A felony of the second degree, punishable by 2 to 20 years in prison and
by a fine not to exceed $10,000.

Sexual Assault: Typically, a felony of the second degree, punishable by 2 to 20 years in
prison and by a fine not to exceed $10,000.

Aggravated Sexual Assault: A felony of the first degree, punishable by 5 to 99 years in prison and
by a fine not to exceed $10,000.

The above punishments are the basic penalties involved. In some cases,
aggravating circumstances, such as using a deadly weapon, causing life-threatening
injuries, or having a
child victim can incur harsher penalties.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.